• How to withdraw FIR

Hello, 
I have been accused by my colleague with 408 and 120 B panalty code which are non bailable . Now he realize that he has made a big mistake and now wanted to to withdraw the FIR . Please suggest how he can with draw it ?
Asked 11 months ago in Labour from Gandhdham, Gujarat

FIR would not be withdrawn 

 

2) file for quashing in HC based on settlement arrived at 

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

FIR cannot be withdrawn 

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

The FIR cannot be withdrawn if the FIR is false file quashing before the high court and the complainant can support you . The high court shall quash the FIR.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

Quashing is possible withdrawal is not possible.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

Dear Sir,

Anytime before charge sheet is filed he can withdraw complaint by writing a letter to the Station head of the police station where FIR is lodged. If the police refuse to withdraw complaint, you can ask accused to move to get complaint quashed and give evidence to judge and they will withdraw your complaint.

Netravathi Kalaskar
Advocate, Bengaluru
4591 Answers
22 Consultations

4.8 on 5.0

such cases can not be compounded and thus no permission can be given by court.
can be process by mutual quashing by parties.

Mohammed Mujeeb
Advocate, Hyderabad
13837 Answers
6 Consultations

4.5 on 5.0

Dear Client,

No such provision to withdraw FIR, but charges u/s 408 can be compounded by the permission of court and 120B can be quash by High Court. Tell your colleague to give statement to police that, charges are false and made in haste and misunderstanding. 

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

FIR can't be withdrawn you need to quash the same before HC.

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

Safest procedure is to pursue at the police station that to close the FIR remarking that parties has gone to out of court settlement and file a compromise signed by both the parties in presence of SHO.

Koshal Kumar Vatsa
Advocate, Gurgaon
1851 Answers
1 Consultation

5.0 on 5.0

Hi, 

There are 02 ways, now to get rid of it. Give favourable statements during investigation and close the case or to approach high court for quashing. You may choose any of feasible options.  

Ganesh Singh
Advocate, Delhi
3451 Answers
9 Consultations

4.5 on 5.0

Once registered, an FIR cannot be withdrawn. Either during the course of trial your statements in his favour shall help your friends case of defense and he will be acquitted OR he can go for quashing of the FIR in the HC.

Sayyed Parvez
Advocate, Navi Mumbai
19 Answers
3 Consultations

4.9 on 5.0

Dear Client,

FIR can only by quashed by the High Court. Apply for quashing the FIR in the concerned High Court.

Jaswant Singh
Advocate, Gurugram
628 Answers
2 Consultations

4.8 on 5.0

The FIR once registered cannot be withdrawn, however he may request the police with an application to close the case based on the compromise with you, the police may file a closure report which is called B report, then the court will summon the defacto complainant to record his objections for closure of this FIR, if he says that he has no objection then the court may accept the B report and may pass orders to close the FIR.

 

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

The complainant cannot withdraw his complaint once the FIR is registered, hence the steps suggested in my previous post may be followed to get relieved from this crisis.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that FIR has already registered.
  2. And once the FIR has been registered there is no way to withdraw the same, but to get it quashed from the Hon’ble High Court only.
  3. You should make a settlement deed and put that along with the hashing petition and the same will be hashed by the court of law.

Sanjay Baniwal
Advocate, South Delhi
5036 Answers
11 Consultations

5.0 on 5.0

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